PARESHBHAI NATHABHAI KHUNT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Pratik Jasani, learned advocate appearing for the petitioner, Ms. Jeenal Acharya, learned AGP appearing for the respondent No.1, Mr. Dipak Dave, learned advocate appearing for the respondent No.2 and Mr. Sandeep Limbani, learned advocate appearing for the respondent No.3

(2.) It is the case of the petitioner herein that the petitioner is the registered owner of the Plot No.16, situated at Survey No. 337/ Paiki, Rajkot. It is the case of the petitioner that the plot in question is encroached upon by a Trust known as Sardar Patel Seva Samaj Trust- respondent No.3 herein. The said Trust is owner of Plot No.17, which is next to the Plot in question. There are proceedings initiated by the petitioner against the said Trust before competent authority i.e. the Town Planning Officer. The decision of the Town Planning Officer was challenged by the petitioner before the Appellate Officer and the Appellate Officer has held in favour of the petitioner as the said Trust is having no document worth the name to show ownership justifying its possession and the petitioner is having registered document in favour of the petitioner. The Trust i.e. respondent No.3 herein filed Special Civil Application No. 6105/2017, which came to be allowed in favour of the petitioner i.e. the respondent No.3 herein and the appellate authority was directed to decide the appeal afresh. The said appeal is pending adjudication before the appellate authority. In such facts and circumstances, the petitioner herein preferred an application duly produced at Annexure -A- page-13, to the respondent authority by way of representation stating that the trust is in occupation of the Plot No.16 belonging to the petitioner herein and the Trust is illegally committing theft of electricity by having illegal electricity connection by having electricity from Plot No.17 to the Plot No.16, which though belongs to the petitioner, is in unauthorised possession of respondent No.3.

(3.) Mr. Jasani, learned advocate appearing for the petitioner submitted that the said representation be decided by the respondent authority as the same was filed on 1/12/2020.